1 wp-5874-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 5874 OF 2018

Smt. Kaushlyabai Ajabrao Ranit

...Petitioner

Versus

State of Maharashtra and Anr.

...Respondents

.......

Mr. R.B.Dhakane, Advocate for Petitioner

Mr. Y.G.Gujarathi, A.G.P. for Respondent No. 1

Mr. S.S.Rathi, Advocate for Respondent No. 2

Mr. S.G.Chapalgaonkar appointed as Amicus Curiae

.......

CORAM :

R. G. AVACHAT, J.

DATE :

17-02-2021.

ORDER :

01.

Heard.

02.

This petition has been filed seeking direction

to the respondent to release in favour of the petitioner

the remaining amount of compensation awarded by

Commissioner for Workmen’s Compensation cum Judge, Labour

Court, Aurangabad.

03.

The petitioner is a widow. Her unmarried son

passed away. She, therefore, filed an application for

compensation (W.C. No. 35/2014) under the provisions of

2 wp-5874-18

Workmen’s Compensation Act. The learned Commissioner

under W.C. Act, allowed the said application on 29.9.2016.

A sum of Rs.10,67,789/- was payable to the petitioner.

The respondent No. 2 insurance company accordingly

deposited the amount. The Commissioner, however, directed

to pay petitioner a sum of Rs.5,00,000/- and keep the

balance amount (Rs.5,67,789/-) in fixed deposit in a

nationalized bank for a period of 5 years.

04.

According to the learned Counsel for the

petitioner, the petitioner is in dire need of money. She

is a widow. About 4 years and 4 months have passed since

the Order directing to keep the amount in fixed deposit

was passed. He, therefore, urged for allowing the writ

petition.

05.

Mr. S.G.Chapalgaonkar, learned Counsel, has duly

assisted this Court by submitting that the Commissioner

was within his powers to direct to keep the amount in

fixed deposit. He placed reliance on Rule 10.

06.

Since little over 4 years and 4 months have

passed after the amount has been kept in fixed deposit,

the object behind keeping the said amount in fixed deposit

3 wp-5874-18

appears to have, thus, been fulfilled. The applicant is a

widow. She is in need of money. The petition, therefore,

is allowed in terms of prayer clause B.

[R.G.AVACHAT]

JUDGE

Dahibhate/-